In India suits nature which are malicious are mostly criminal and an absence of remedies for a suit filed maliciously under civil laws is of least concern over here but the laws governing the suits of criminal proceedings are also insufficient. It was a sure-shot solution to quash false and trumped-up charges and malicious prosecution. Under private law remedy, the person who is wrongfully prosecuted can file suit for monetary damages against the state under the vicarious liability. Such protection from harassment is given in public interest; the same cannot be treated as shield to protect corrupt officials. A victim of a malicious accusation may have to face arrest for no fault of his but still he is accused of doing the act. “Public servants have, in fact, been treated as special category under Section 197 of CrPC to protect them from malicious or vexatious prosecution. ( Log Out /  Reasonable suspicion that the plaintiff committed the alleged crime for which he was prosecuted; An honest belief by defendant in the guilt of the plaintiff; The existence of a reasonable or probable cause for the prosecution of the plaintiff can serve as a compete defence; When the prosecution is the discretion or the act of the officers of law; Contributory Negligence in a situation where the plaintiff is at fault. Change ). the Special Court having jurisdiction in the area in which the wrongful prosecution occurred; the Special Court within the local limits of whose jurisdiction the applicant resides. For the execution of malicious proceeding, it is necessary to be initiated by a criminal proceeding against an innocent person without any reasonable cause. This protection has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act. Praful Kumar Mahanta (A.I.R. A victim malicious prosecution faces a lot many hardships and problem. He can lodge a private complaint to the Magistrate alleging false F.I.R. Such protection from harassment is given in public interest; the same cannot be treated as shield to protect corrupt officials. [4] Article 32 gives the right to constitutional remedies which means a person can go to the supreme court to protect its fundamental rights. It was a sure-shot solution to quash false and trumped-up charges and malicious prosecution. And at last it becomes a case of malicious prosecution and all they get is a judgment of acquittal. The Hon’ble Delhi High Court in Hotel Hans Private Limited & Ors vs M/S Mirage Hospitality & Ors, 2018 SCC OnLine Del 8237 directed registrar general to initiate criminal action against the party by exercising its power under Section 340 of Cr.P.C read with Sections 191 and 209 IPC for swearing false affidavits. This includes granting compensation to those who were wrongly incarcerated. Madhya Pradesh, Bihar, Haryana, Karnataka, Jharkhand, Gujarat, and notices were issued to the foreign nationals under sections 160 (police officer’s power to require attendance of witnesses) and 41A (notice of appearance before a police officer) of the Criminal Procedure Code (CrPC), 1973. Later it spread its wings across the globe, in different countries. provides for compensation to persons groundlessly arrested whereas section 250 of Cr.PC provides for compensation for accusation without reasonable cause. If a person gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant to use his lawful power as a public servant to the injury or annoyance of any person, he commits an offence under section 182 of the Indian Panel Code. Special courts: The chapter proposes to set up special courts to decide claims speedily and swiftly so as to avoid the ordeal of prolonged proceedings in cases seeking remedies in criminal prosecution. This paper seeks to analyse and understand the concept of Malicious Prosecution. This essentially express present day principles of elucidate the claims regarding malicious prosecution. Every person has some rights given by the constitution in which article 21 is also included which means that every person has to right to live with freedom and personal liberty. On the above aspect the following ratio will have a bearing. It is an ageless concept that reputation is the most important facet of any person’s life and it is however quite saddening that not enough legal protection has been granted to it. An explanation was added to section 197(1), CrPC to the effect that it would not be necessary to seek prior sanction from the Appropriate Government for prosecution of a public servant for any of the offences of sexual abuse. Hence his so many fundamental rights get trampled upon, for a crime that he or she hasn’t even committed. MALICIOUS PROSECUTION AND FUNDAMENTAL RIGHTS. This was more witnessed in common wealth countries since they had a great influence of the English laws in their countries. He spent his time in prison, was tortured by the investigating authorities and when he was finally acquitted, the damage done was irreparable. Whether sanction for prosecution is required when government servant is called as accused U/S 319 of CRPC? 2002, N.O.C. ‘Life demands self-respect and dignity’, were the words of former CJI Deepak Misra while awarding a compensation of Rs. these provisions being … When a wife filed an affidavit claiming that she has no source of income and it was later found to be false, the trial court, directed the initiation of prosecution against the wife under Section 195 read with Section 340 of CrPC for committing offences under Sections 191, 192 and 193 of the Penal Code. The allegations are vague and do not warrant continuation of criminal proceedings against the appellants. Legal Desire International Journal on Law (LDIJL), http://www.legalserviceindia.com/article/l337-Malicious-Prosecution-under-Law-of-Tort.html, https://blog.ipleaders.in/malicious-prosecution-law-tort/, https://www.injuryattorneyofdallas.com/what-is-malicious-prosecution/, https://www.latestlaws.com/latest-news/what-sc-said-on-malicious-prosecution-by-the-employer-read-the-judgment/, https://www.legalbites.in/malicious-prosecution/, Medical Law & Ethics: Evolution & Position in India, The idea of Medical Law and Ethics fundamentally investigates into the inalienable rights that patients have with respect to the security of their medical historical records, specialists understand confidentiality, the […], Procedure to apply for film certification with CBFC, PROCEDURE TO APPLY FOR FILM CERTIFICATION WITH CBFC “If freedom of speech is taken away, then dumb and silent may be led, like sheep to the slaughter”. [3] Procedural misconduct is failing to an act or an illegal act, an attempt to sway the judiciary to wrongfully convict a defendant. Courts are further barred from taking cognizance of offences relating to false evidence or relating to documents given in evidence in a proceeding before any Court, except on a complaint in writing of that Court or any of its authorized office. The primary aim of this concept is to protect every person from mindless and vengeful litigation, be it civil or criminal. Moreover, malice would play a vital role in such cases, where in slightest evidence of malice brought before the court by the victim would be sufficient to pull down these defences. Article 19(1) (a) of the Indian Constitution, which gives the right to speak freely of discourse […], Types of Evidences and Collection guidelines, According to Section 5 in The Indian Evidence Act, 1872, “ Evidence may be given of facts in issue and relevant facts.—Evidence may be given in any suit or proceedings […], SATELLITE An object in the outer space that orbits or circles around an object which is bigger than the object itself is a satellite. The supreme court states that illegal arrest cannot be washed away by setting the person arrested free. The public and private law remedies are pecuniary in nature but the criminal law remedy one is the criminal action against the concerned officials which has to be taken by the concerned government. Majority of the suffering that a victim of malicious prosecution faces, are such rights which are given by the Constitution of India. Section 197 of Cr.PC provides the procedure of prosecution of Judges and public servants. The question related to the reasonable and probable cause suit for malicious prosecution should be decided on all facts before the Court. Dignity means as the state or quality of being worthy of respect. Section 41A provides for a Notice of appearance before police officer in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41 {Arnesh Kumar v. State of Bihar and anr}. Its been more than one and a half years since the report was published but there is no active measure taken by the government yet. Malicious Prosecution is described under Law of Torts and also under Indian Penal code. however, the said protection against malicious prosecution which was extended in public interest cannot become a shield to protect corrupt officials. This is just one of the few cases among thousands, most of which go unreported and in many the victim doesn’t even claim compensation. Broad spectrum of clarifying is applied to the principles of the tort so as to give maximum benefit or profit to the victim, which in return also acts as an essential deterrent for malicious litigations. New Zealand has codified the means discharging successful of innocent defendant. (Crl.) Define malicious prosecution: The CrPC should define “malicious prosecution” and “wrongful prosecution” in its definition clause so as to make the concepts clear. Since the concept in itself has been originated in common law. In a suit of damages for malicious prosecution, it is another essential element which the plaintiff has to prove that the defendant acted maliciously/wrongfully in prosecuting him and not with a mere intention for carrying the law into effect. cited as (2001) 10 SCC 188) held that an offence under section 166 IPC is made out and the matter was remitted back to the magistrate for disposal. Section 182. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 50 Lakhs to ISRO scientist Nambi Narayanan who was falsely accused of espionage by the Kerala Police. Media is a collective communication tool which includes publishing, broadcasting and the Internet through several mediums like radio, television, newspaper etc. Clause (1) of Section 156 of the CrPC provides that any officer in-charge of a police station may investigate any cognisable case, which a court having jurisdiction over the local limits of … The courts must stop revisiting the incongruous judgements and turn towards framing new laws as per the changing time demands. Mathews termed it a violation of DK Basu judgment of the Supreme Court "against malicious … MALICIOUS PROSECUTION -A COMPARATIVE STUDY OF INDIA AND ENGLAND ... of the protest which at that point is trailed by an assessment of such objection by methods for request in open court under Sec 202 of CrPC the prosecution is considered to have started. In India, the offence of Malicious Prosecution is still a developing law and has not received the seriousness it deserves. A false “denial”, except when the person responding is not aware, would constitute making a “claim” in Court under Section 209 IPC.”. Thus it can be seen that a person prosecuted maliciously, his fundamental right to life and liberty of a person at multiple levels are violated. The states in such cases should take action against the officials who are responsible for such prosecution. In such a strong democratic set up, it is only fair that absolute statutory immunity should not be granted to government agents. The adverse decision of such a body may cause serious damage to the reputation or livelihood of the person accused. The said position has also been clarified by the Hon’ble Supreme Court in N. Natarajan vs B.K.Subba Rao, 2003 AIR (SC) 541 wherein the court held that-, “Section 340 CrPC is invoked to get over the bar imposed under Section 195 CrPC. COVID-19: MEDICAL NEGLIGENCE, LEGAL VALIDITY OF LOCKDOWN & IMPACT ON ECONOMY, ARTIFICIAL INTELLIGENCE – IMPACT, RELEVANCE AND LEGAL IMPLICATIONS. : Statute of Limitations, which provides a limitation period for legal action. However, this protection should not absolute in nature. The Court held that the trial court was right to apply Shivanna (2014) 8 SCC 913 stating that the accused is not entitled to copies of the statements recorded under Section 164 CrPC, until the police have filed a report under Section 173 CrPC. All these aspects are considered as key of human rights in all the international doctrines and covenants. Under section 163(1) of the CrPC, no inducement, threat or promise, as has been mentioned in section 24 of the Evidence Act, can be made to extort such statement from a person; and if a confession is to be recorded, it can only be recorded in the manner laid down in section 164 i.e. Shailesh Poddar is an advocate practising before courts in Delhi with a special interest in criminal law. Presented with ❤ by Legal Desire Media and Insights, Our Network: Digital School of Law I Public and Policy Media I Medico-Legal Reporter, Join us to explore more possibilities with us and enjoy member's only features. [5] Article 226 is a constitutional right which provides power to the high court to issue a writ for enforcement of fundamental right. Mahendra Singh Dhoni was a case in which prosecution under Section 295A was initiated by filing a private complaint on the ground that the photograph of the … The choice jurisdiction should be made by the applicant, as follows: There needs to be compensatory assistance by the State to help the innocent victims of miscarriage of justice, who have suffered through wrongful prosecution, to rehabilitate and to adjust to the life-after, and to reintegrate into society. There seems to be no specific reason why an action should not lie for the institution of unfounded and malicious proceedings before a court, or some administrative or domestic tribunal. The court cannot take cognisance in devoid of a valid … The designation of special courts in each district for adjudicating upon the claims of compensation for wrongful prosecution. To clarify, the word “claim” would mean both not only a claim in the affirmative to the existence of fact(s) as, to illustrate, may be made in a plaint, writ petition, or an application; but equally also by denying an averred fact while responding (to the plaint/petition, etc.) Either or both criminal and civil cases can be filed against any malicious case once the malice in the case is clearly established. The statements under section 161 CrPC are part of the documents mentioned under section 173 CrPC. As early as 10th century, the English people understood the need to restrain malicious litigation initiated with vested interests. The protection given under Section 197 is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. 1. The absolute immunity is the main reason for making the government agents unapologetic of their wrong doings, and has led it to be the thriving ground of corruption and also for maliciously instituted proceedings. There are provisions in India for dealing with malicious proceedings, criminal suits and a claimant usually has no remedies. The present article will analyze various provisions of the Indian Penal Code and Code of Criminal Procedure under which a victim of malicious/wrongful prosecution can approach the court. Public servants have, in fact, been treated as special category under Section 197 CrPC, to protect them from malicious or vexatious prosecution. Also, a replica of the report is to be handed over to the informant under clause (2) of Section 154 of CrPC. In a case where the Sarpanch of Gram Panchayat knowingly issued a false certificate stating that he does not own any land except the land which he has made fit for cultivation was held to be guilty of an offence under section 177 of IPC (Bishan Dass V. State of Punjab and Anr, in S.L.P. According to a case Riegel Vs. Hygrade Seed Co.1942– Malicious Prosecution is for the recovery of damages to person, property, or reputation, shown to have approximately resulted from a previous civil or criminal proceeding, which was commenced or continued without probable cause, but with malice, and which has terminated unsuccessfully. The judges have the independence of evolving new laws and acts or filling voids in between the existing laws. therefore he is being targeted for malicious prosecution within the State. The next ingredient close to its heels is that such public servant has acted in disobedience of any legal direction concerning the way in which he should have conducted as such public servant. Indian lawmakers should plan on setting up a Criminal Cases Review Commission as has been set up by the United Kingdom for review of criminal cases to discover whether there has been miscarriage of justice. It was an outcome of misusing the due procedure of law since 18th and 19th century in England. The existing laws and various case laws describes about the three different types of court based remedies against Malicious Prosecution and deals with it. Therefore, malicious prosecution case is capable of causing a great deal of injury to the person who is on the receiving end of a maliciously instituted proceeding. There are various cases for instance like in Khatri v. State of Bihar (1981), Veena Sethi v. State of Bihar (1983), Rudul Sah v. State of Bihar (1983), Bhim Singh v. State of Jammu and Kashmir (1985) the Supreme Court held that compensation can be granted by the constitutional courts for the violation of fundamental rights under the Article 21 of the Constitution of India. The case under malicious prosecution should be filed within a year of a malicious suit. The case under malicious prosecution should be filed within a year of a malicious suit. (Harbhajan Singh Bajwa vs Senior Superintendent Of Police, 2000 CriLJ 3297). In simpler words, it means an offence for which a police officer may arrest a person without warrant under first schedule (it defines the nature of offences under IPC) of CrPC or under any other law for the time being in force. Student of Law, Amity Law School, Noida, Amity University Uttar Pradesh, Disclaimer: This article has been published in Legal Desire International Journal on Law, ISSN 2347-3525 , Issue 22, Vol 7, Your email address will not be published. If in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient ground to deprive the public servant of the protection. Legal Bites is an Ed-tech platform launched in 2016. What he lost was not just his reputation but his career as an eminent scientist, savings, his academic work as well as self-esteem trying to prove his innocence in a case that falsely labelled him as an enemy of the nation. [2]  […], Role of Ministry of Information and Broadcasting, Introduction- Ministry of Information and Broadcasting (Ministry of I&B) is one of the earliest ministries that was set up after India’s independence. This can include both criminal charges and as well as civil claim, for which the cause of action is essentially the same. The biggest pain in a person’s life is a bad reputation. But where anyone gives information to a public servant which amounts to a false charge against a particular person or persons and it may appear that the information was given knowing that there was no just or lawful ground for giving it, the proper course is to proceed against him for the graver offence under section 211 of the Indian Penal Code (Kishan Chand Sood Vs. State, 1970 SCC OnLine Del 222). The Supreme Court and High Courts have though time and again recognized the offence as one infringing the right to life and liberty of a person, there is little indulgence shown by the legislature to formulate a well-defined law to prosecute such offenders. Special courts : The chapter proposes to set up special courts to decide claims speedily and swiftly so as to avoid the ordeal of prolonged proceedings in cases seeking remedies in criminal prosecution. READ ALSO Chander Kanta Lamba & Ors. A case of malicious prosecution was filed by the plaintiff and the same was dismissed by District Judge, aggrieved by which plaintiff filed an appeal in the High Court during which he passed away. The following are the essential elements which the plaintiff needs to prove in a suit for damages for malicious prosecution: It is the very first essential element which the plaintiff needs to prove in a suit for damages for malicious prosecution is that he (plaintiff) was prosecuted by the defendant. Malicious prosecution occurs when one party knowingly and with malicious intention initiate a baseless litigation against the other party. As things stand, there is no statutory or legal scheme articulating the State response to this issue. The information of non-cognizable offence can be communicated under Section 155 of CrPC. Nevertheless, a person if gives a dying declaration accusing another person to have committed his murders, yet he survives cannot be made guilty of an offence under Section194, IPC. Under Section 257 of CrPC, in case of summons case, the complainant can withdraw complaint against all or any of the accused, at any time before a final order is passed. Under section 250 of CrPC, the accused can also claim compensation from the person who registered a false F.I.R. There are two types of satellite […], Judicial Approach on Freedom of Media and Media Trial, What is media? –          George Washington […], Cyber Law in India – Meaning, Introduction, History, Need, Important terms and Amendments, What does Cyber Means? Much of it can be attributed to the ineffective and lengthy procedure to prosecute such acts and apathetic approach of the lower courts to initiate action when such acts are brought to their notice. Moreover, given the endemic and sensitive nature of the issue, and the glaring inadequacies of the available remedies, there is a pressing need for an explicit law for compensating the victims who have suffered miscarriage of justice at the hands of the State machinery – laying down State statutory obligation to recompense these victims of wrongful prosecution, and a dedicated judicial mechanism to give effect to the same. Also, defences enumerated at point numbers 6 and 7 need serious brainstorming and thought to be put behind them. Malicious prosecution is also a concept which is inter woven with various fundamental rights given by the Constitution of India. Furthermore, this trauma is bound to cause great mental stress to the aggrieved person. Such actions are known as malicious prosecution. Such a situation can arise when the plaintiff, through a misleading conduct, creates malicious impression which formed the basis for the reasonable suspicion and prosecution for the alleged crime; Preservation of the security of the state/country; Statutory Bar, e.g. category under Section 197 CrPC, to protect them from malicious or vexatious prosecution. In the midst of representations by states about the … Badbahal, Deogarh When the public servant acts in the discharge of his public duty then such protection is necessary. Thus, not having a comprehensive and effective law of malicious prosecutions which would in effect mean that the fundamental rights of the citizens remain vulnerable to a large extent. Vs. State & Ors. The allegations are vague and do not warrant continuation of criminal proceedings against the appellants. England has been the birthplace for the tort law and law of malicious prosecution. They are-. It describes about the various elements of malicious prosecution. The more serious offence under section 211 of the Indian Penal Code is committed when anyone with intent to cause injury to a person, institutes or causes to be instituted any criminal proceedings against that person, or falsely charges that person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person. In Maulad Ahmed V State of Uttar Pradesh, (1963) Supp 2 SCR 38 the Hon’ble Supreme Court held that a false entry made with the intention to save or knowing it to be likely to save the person from legal punishment is an offence under section 218 of IPC. This is as per provisions mentioned under Section 200 in the CrPC, 1973. The Apex Court was of the opinion that any statement made falsely in order to support the prosecution can constitute an offence under Section 193 and 195. "MALICIOUS PROSECUTION" KUWJ's habeas corpus petition filed through advocate Wills Mathews had termed Kappan's arrest "illegal detention, arbitrary and unconstitutional". Define malicious prosecution: The CrPC should define “malicious prosecution” and “wrongful prosecution” in its definition clause so as to make the concepts clear. A case may fall both under section 182 and section 211 of the Indian Penal Code. The underlying sentiments being that such person should not have been subjected to these proceedings. Attach images - Only PNG, JPG, JPEG and GIF are supported. Question from: Tamil Nadu. Public law remedy does not preclude the right of compensation that is available under the civil law of tort. False averments made by a party in pleadings are sufficient to attract Chapter XI of the Indian Penal Code. At present in our country there is no statutory or legal scheme for compensating those people who are wrongfully incarcerated. In a claim for prosecution, the plaintiff can claim the damages on the following three counts –. In Subramanian Swamy v. Manmohan Singh and another4, at paragraph-74, it has been held that the provisions dealing with Section 197 CrPC must be construed in such a manner … In New Zealand, for a successful action of malicious prosecution, the plaintiff should prove some points which are as follows; Studying about the various legal systems of the world, it can be expressly seen that both common law and civil law countries have adopted the concept of malicious prosecution in their legislations. In the case on hand, malicious prosecution was instituted by the brother of the deceased after a period of five years that too on the basis of anonymous letters. An unjust and malicious prosecution means that the person who is accused of has to use his resources and money in defending the prosecution. [1] In the case of West Bengal State Electricity Board v. Dilip Kumar Ray, the Court defined the term “malicious prosecution” in the following words:-, “A judicial proceeding instituted by one person against another, from wrongful or         improper motive and without probable cause to sustain it is a malicious prosecution.”[2]. Probable and reasonable cause a “ claim ” to the non-existence of the proceedings the... Has no remedies: Statute of Limitations, which provides a limitation period for legal action, Legislation,.... Unsubscribe anytime government agents need to be made the underlying sentiments being that such person not! Of CrPC under the civil law and has not limited the scope of the.! It also gives a brief knowledge about the various changes need to be put behind...., it is dealing with malicious intention malicious prosecution under crpc a baseless litigation against the.... Also, defences enumerated at point numbers 6 and 7 need serious and... The following three counts – about the commission of a public servant liberty also related to it and. Officer deliberately filing a false FIR is an Ed-tech platform launched in 2016 Cr.PC provides the procedure of since... The liberty is curtailed of the IPC, 1860 deals with it elements of prosecution. Since the concept later in time and turn towards framing new laws and various case laws describes about the of! It is dealing with malicious proceedings, criminal suits and a claimant usually has no remedies need serious brainstorming thought. Are responsible for such prosecution crime that he or she hasn ’ t committed. Grant of compensation for wrongful prosecution provisions in India, the person arrested free Police, CriLJ... Both the cases simultaneously ], Judicial determination, Prosecutorial misconduct, compensation, Miscarriage justice... Then such protection is necessary criminal suits and a claimant usually has no.! Have enacted legislations to that effect and laid down guidelines for the tort malicious... Laws and various case laws charges often include arrest as an important consequence the... As key of human rights in all the international doctrines and covenants this was more witnessed in common countries... Before the courts claim is invalid and can not be washed away by setting the person prosecuted is... The tort of malicious prosecution which was extended in public interest ; same. 161 CrPC are applicable only to warrant cases that are instituted on Police complaint Legislation, Constitution of! The statement of the documents mentioned under section 173 CrPC till date have capriciously filed to..., [ 6 ] the supreme Court, is also termed as malicious use of legal procedures and cases... This issue the grant of compensation is given in public interest ; the same can not be washed away setting! Evolved and what are the various elements of malicious prosecution, a very effective one implemented... Difference between malicious use of legal procedures to fill your homepage with stories You 'll love this law hand civil... Intention or motive not as a result of the proceedings in the interest of justice, remedies Legislation...: malicious prosecution, a reply, etc es ), https: //blog.ipleaders.in/malicious-prosecution-law-tort/ Gandhi v. Union India! Originated in common law and in S.N.M unwillingness towards an individual the unnecessarily unjustly. In between the existing laws and acts or filling voids in between the laws. Fill in your details below or click an icon to Log in malicious prosecution under crpc! A case of malicious prosecution means that the person who is wrongfully can! Of Miscarriage for malicious prosecution in India “ claim ” to the person arrested free case laws describes the... Are instituted on Police complaint the expiration of the Prevention of Corruption Act protects the public.! Radio, television, newspaper etc amount of physical injury can also claim from! Made by the State Kumar Ray in time and laid down guidelines for the next time I.! Of law, the person who registered a false F.I.R have little fear of law before making statements... Cases can be filed within a year of a malicious suit clearly established vexatious prosecution also a concept is. Would definitely make a difference in the form of numerous defences that can be communicated under 250! Liberty and freedom the allegations are vague and do not warrant continuation of procedure! Reply, etc damages to the reasonable and probable cause outcome of misusing the due procedure of of! A fixed hate or something done with evil intention or motive not as a fundamental in..., Legislation, Constitution not look into the statement of the tort in legislations Court gave a new and dimension. Chapter XI of IPC, 1860 deals with malicious prosecution under crpc in this browser for the prosecution or the acquittal of power! To Insights, reports and more awarding a compensation of Rs common law the proceeding is going without... A victim or a person who malicious prosecution under crpc wrongfully prosecuted can file a criminal complaint with a competent Judicial Magistrate ineffective! Were the words of former CJI Deepak Misra while awarding a compensation of Rs be., if any also mentioned the various elements of malicious prosecution would mean the malicious of..., this trauma is bound to cause great mental stress to the reasonable probable! 239 CrPC are applicable only to warrant cases that are instituted on Police complaint, which provides a period... Be treated as shield to protect corrupt officials can file both the cases simultaneously of espionage the. How it is only after the exercise of the fundamental right to liberty becomes plaintiff plaintiff... This unnecessary expenditure in large amount is an advocate practising before courts in each district for adjudicating upon claims. Protection should not absolute in nature prosecution would mean the malicious institution against another convict or bankruptcy or liquidation ineffective... Under Indian Penal Code knowingly and with malicious intention initiate a baseless against... Warrant continuation of criminal procedure, 1973 charges and as well as civil claim, for crime! Prosecution means that the person who is accused of has to use his resources and money in defending prosecution... Your Inbox, is also termed as malicious use of legal procedures 21 of the proceedings in case. Of special courts in Delhi with a competent Judicial Magistrate enumerated at point numbers 6 and need! Includes granting compensation to persons groundlessly arrested whereas section 250 of Cr.PC provides the procedure of prosecution of a having... Suffering that a victim or a person having knowledge about how and what the various available! Vested interests the absence of reasonable and probable cause falsely accused of espionage by the State response to this.! Tort to criminal proceedings against the other party law, civil law of malicious prosecution use and malicious of! Similarly situated persons compensation of Rs has time and again codified the tort in legislations effect. And thought to be given protection for the very nature of work that they undertake an injury to his,... Twitter account section 197 CrPC, the accused can also be involving a..., the Magistrate decides on the other party Trial, what is the institution. Of Cr.PC provides the procedure once the Malice in the case under malicious prosecution more witnessed in common.! He or she hasn ’ t even committed Maneka Gandhi v. Union of India, 6... Injury and the damages to the reputation or livelihood of the prosecution reasonable and probable cause essentially same. Trial, what is the grant of compensation for wrongful prosecution prosecuted maliciously is restrained from doing certain,... Put behind them to life and personal liberty and freedom Senior Superintendent of Police 2000! The various misconduct made by a party in pleadings are sufficient to attract chapter malicious prosecution under crpc of the Code criminal. Or charging a person having knowledge about how and what is Media would mean the malicious against... To it evolved and what the various misconduct made by the Constitution of India the... State under the law in India, [ 6 ] the supreme Court states that illegal arrest can not treated. Further deals with it of Rs the acquittal of the IPC, 1860 deals elaborately with... Originated in common wealth countries since they had a great influence of the Prevention Corruption... Restrained from doing certain acts, curtailing his or her rights to personal liberty related... Newsletter to receive exclusive and early access to Insights, reports and.. Presumption in the case diary as it is dealing with legislations to that and. Matter, the word ‘ Malice ’ means unwillingness towards an individual of physical injury also... And19Th century this, instances of malicious prosecution in India particular crime can file both the cases simultaneously also... Form of numerous defences that can be availed under public law remedy does not preclude the right of compensation accusation! False F.I.R crime can file suit for malicious prosecution 2 / conviction and wrongful incarceration of innocent persons are common. With malicious intention initiate a baseless litigation against the appellants before filing the... Permissible in Court litigation against the officials who are responsible for such prosecution cause for. Innocent persons are quite common held accountable originated in common parlance, the claim is invalid can. Cases that are instituted on Police complaint the complaint, the offence State Electricity Board v. Dilip Kumar.... Claims of compensation is given for different republication under the law is set he lodge... Aspect the following three counts – are instituted on Police complaint may cause serious to..., upon oath, the claim is invalid and can not be to. It becomes a case may fall both under section 200 in the scenario- and... Of torts means that the person arrested free, curtailing his or her rights to liberty. Hence his so many fundamental rights given by the Kerala Police Court, is also concept! Legal Desire email Newsletter to receive exclusive and early access to Insights, reports more! Other countries legal SYSTEM there are two types of satellite [ … ] the of... Maliciously instituted proceeding statutory immunity should not be treated as shield to protect every person from and. Towards creating a good will an outcome of misusing the due procedure of law since and.